Enclosed Lands Protection Act 1943 (ACT)

Enclosed Lands Protection Act 1943   

A1943-5

Republication No 7

Effective:  14 June 2013

Republication date: 14 June 2013

Last amendment made by A2013‑19

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Enclosed Lands Protection Act 1943 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 14 June 2013.  It also includes any amendment, repeal or expiry affecting the republished law to 14 June 2013. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Enclosed Lands Protection Act 1943

Contents

Page

1            Name of Act  2

2            Dictionary  2

3            Notes  2

4            Penalty for unlawful entry on enclosed lands  2

5            Penalty for leaving gate open  3

6            Requirement to give name etc  3

7           Owner may destroy goats  4

Dictionary5

Endnotes

1            About the endnotes  6

2            Abbreviation key  6

3            Legislation history  7

4            Amendment history  9

5            Earlier republications  10

Enclosed Lands Protection Act 1943

An Act relating to protection of enclosed lands from intrusion and trespass

1. Name of Act

   This Act is the Enclosed Lands Protection Act 1943.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Penalty for unlawful entry on enclosed lands

   (1)Any person who, without lawful excuse (proof of which lies on the person), enters into the enclosed land of any other person, without the consent of the owner or occupier or the person in charge of those lands, commits an offence.

   Maximum penalty:  5 penalty units.

   (2)Without limiting the expression lawful excuse in subsection (1), a drover or person in charge of stock being driven on a road lawfully enclosed with the lands of any person is taken to have lawful excuse for entering those lands for the purpose of preventing the stock from straying or of regaining control of stock that have strayed from that road.

   (3)If a road is lawfully enclosed with the lands of any person and the road is not clearly defined and—

   (a)if there is a reasonably defined track commonly used by people passing through those lands—the centre of the track is taken, for this Act, to be the centre of the road; or

   (b)if there is no reasonably defined track through the lands—a person passing through the lands does not commit an offence against this section unless it is shown that the route taken by the person in so passing was, having regard to the circumstances, unreasonable.

5. Penalty for leaving gate open

   (1)Any person who enters into or on the enclosed lands of any other person, and wilfully or negligently leaves any gate open or slip panel down, commits an offence.

   Maximum penalty:  5 penalty units.

   (2)Any person who enters into or on any road lawfully enclosed with the lands of any other person through any gate or slip panel, and wilfully or negligently leaves that gate open or that slip panel down, commits an offence.

   Maximum penalty:  5 penalty units.

6. Requirement to give name etc

   (1)If the owner, occupier or person in charge of enclosed lands believes on reasonable grounds that another person is committing an offence against this Act, the owner, occupier or person in charge may require the other person to give the person’s full name and home address.

   (2)A person must not fail to comply with a requirement under subsection (1).

   Maximum penalty:  5 penalty units.

7. Owner may destroy goats

   Any owner, occupier, or person in charge of enclosed land may destroy any goat (other than a goat that is legibly branded or that has around its neck a collar on which the name and address of its owner is legibly engraved) found trespassing on the land.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     ACT

·     home address

·     land

·     person (see s 160).

enclosed lands means any lands, whether public or private, enclosed or surrounded with any fence, wall or other erection, or partly by a fence, wall or other erection, and partly by a canal or by some natural feature (for example, a river or cliff) by which the boundaries of those lands may be known or recognised and, if a road is lawfully enclosed with the lands of any person, those lands, but not the road, shall be deemed, for this Act, the enclosed lands of that person.

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

road means any land proclaimed, dedicated, resumed or otherwise provided as a public thoroughfare or way and any land defined, reserved or left as a road in any subdivision of lands.

stock includes horses, cattle, sheep, goats and pigs.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This Act was originally a Commonwealth ordinance—the Enclosed Lands Protection Ordinance 1943 A1943-5 (Cwlth).

   The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

   As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day).

   Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

   After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).

   Legislation before becoming Territory enactment

   Enclosed Lands Protection Act 1943 A1943‑5

   notified 4 February 1943 (Cwlth Gaz 1943 No 27)

   commenced 4 February 1943 (see Seat of Government (Administration) Act 1910 (Cwlth), s 12)

   as amended by

   Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966‑19 sch 1

   notified 23 December 1966 (Cwlth Gaz 1966 No 109)

   commenced 23 December 1966 (see Seat of Government (Administration) Act 1910 (Cwlth), s 12)

   Magistrates Court Ordinance 1985 Ord1985‑67 sch pt 1

   notified 19 December 1985 (Cwlth Gaz 1985 No S542)

   commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)

   Legislation after becoming Territory enactment

   Acts Revision (Arrest Without Warrant) Act 1989 A1989‑23 s 5

   notified 1 December 1989 (Gaz 1989 No S38)

   commenced 1 December 1989 (see Australian Capital Territory (Self Government) Act 1988 (Cwlth), s 25)

   Statute Law Revision (Penalties) Act 1994 A1994‑81 sch

   notified 29 November 1994 (Gaz 1994 No S253)
   s 1, s 2 commenced 29 November 1994 (s 2 (1))
   sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)

   Legislation (Consequential Amendments) Act 2001 A2001-44 pt 128

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)

   pt 128 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.36

   notified LR 22 March 2007
   s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
   sch 3 pt 3.36 commenced 12 April 2007 (s 2 (1))

   Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.26

   notified LR 26 November 2009
   s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
   sch 3 pt 3.26 commenced 17 December 2009 (s 2)

Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.17

notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))

sch 3 pt 3.17 commenced 1 March 2011 (s 2)

Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.15

notified LR 24 May 2013
s 1, s 2 commenced 24 May 2013 (LA s 75 (1))

sch 3 pt 3.15 commenced 14 June 2013 (s 2)

1. Amendment history

   Dictionary

   s 2om A2001‑44 amdt 1.1468

   ins A2007‑3 amdt 3.181

   Notes

   s 3defs reloc to dict A2007‑3 amdt 3.180

   sub A2007‑3 amdt 3.181

   Penalty for unlawful entry on enclosed lands

   s 4am Ord1966‑19 sch 1; A1994‑81 sch; A2011‑3 amdts 3.196‑3.198; A2013‑19 amdt 3.111

   Penalty for leaving gate open

   s 5am Ord1966‑19 sch 1; A1994‑81 sch; A2013‑19 amdt 3.112

   Requirement to give name etc

   s 6am Ord1966‑19 sch 1; Ord1985‑67 sch pt 1

   sub A1989‑23 s 5

   am A1994‑81 sch; A2009‑49 amdt 3.62; A2011‑3 amdt 3.199, amdt 3.200

   Dictionary

   dictins A2007‑3 amdt 3.182

   am A2009‑49 amdt 3.63

   def enclosed lands reloc from s 3 A2007‑3 amdt 3.180

   am A2011‑3 amdt 3.201, amdt 3.202

   def road reloc from s 3 A2007‑3 amdt 3.180

   def stock reloc from s 3 A2007‑3 amdt 3.180

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R0A 23 Feb 1979	23 Dec 1966– 31 Jan 1986	Ord1966‑19	amendments by Ord1966‑19
R0A (RI) 23 Sept 2013	23 Dec 1966– 31 Jan 1986	Ord1966‑19	reissue of printed version
R0B 25 Sept 2013	1 Feb 1986– 30 Nov 1989	Ord1985‑67	amendments by Ord1985‑67
R1 30 June 1991	1 Dec 1989– 28 Nov 1994	A1989‑23	initial republication since self-government
R1 (RI) 23 Sept 2013	1 Dec 1989– 28 Nov 1994	A1989‑23	reissue of printed version
R2 31 Jan 1995	29 Nov 1994– 11 Sept 2001	A1994‑81	amendments by A1994‑81
R2 (RI) 23 Sept 2013	29 Nov 1994– 11 Sept 2001	A1994‑81	reissue of printed version
R3 17 July 2002	12 Sept 2001– 11 Apr 2007	A2001‑44	amendments by A2001‑44
R4 12 Apr 2007	12 Apr 2007– 16 Dec 2009	A2007‑3	amendments by A2007‑3
R5 17 Dec 2009	17 Dec 2009– 28 Feb 2011	A2009‑49	amendments by A2009‑49
R6 1 Mar 2011	1 Mar 2011– 13 June 2013	A2011‑3	amendments by A2011‑3

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